Volmerink and Volmerink

In *Volmerink & Volmerink*, the Family Court of Australia considered parenting orders concerning two children, B (born 2001) and C (born 2002). The mother sought sole parental responsibility and that the children live with her, with supervised time for the father. The father initially sought equal time arrangements but later indicated a preference for unsupervised weekend and holiday time. The Independent Children’s Lawyer proposed sole parental responsibility for the mother and supervised contact for the father.

The central legal issues before the court were: whether the presumption of equal shared parental responsibility applied, given allegations of sexual abuse and the children's diagnoses of autism; how the father's diagnosed Aspergers Disorder, Residual Type, impacted his capacity to interact with the children and understand their needs; and what parenting orders, including the nature and extent of the father's time with the children, would be in their best interests. The court was required to consider the provisions of Part VII of the *Family Law Act 1975* (Cth), including sections 60B, 60CC, 61DA, and 65DAA, regarding the best interests of the children, the presumption of equal shared parental responsibility, and the concepts of equal time and substantial and significant time.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the children's best interests. Expert evidence indicated the father had Aspergers Disorder, Residual Type, which could explain his social and emotional difficulties, and that both children had autism. While an expert psychologist believed the father had the capacity to learn appropriate behaviour with the children and recommended psycho-education and skills practice, the father had not acted on these recommendations. The court found that the presumption of equal shared parental responsibility did not apply due to concerns about the father's capacity to protect the children and ensure their well-being. The court considered the father's limited capacity to interact appropriately with the children, particularly given their autism, and the potential risks associated with unsupervised contact.

The court ordered that existing parenting orders be discharged. The mother was granted sole parental responsibility, with the proviso that she notify the father in writing of any major long-term decisions concerning the children within 14 days. The children were ordered to live with the mother. The father was to have supervised time with the children at a contact centre for no less than two hours per month and no more than two hours per fortnight. Additionally, the children were to have telephone contact with the father each Tuesday and Thursday between 6:00 pm and 7:00 pm. The orders included a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance.